On the night of April 3 to 4, 2023, a terrible collision occurred between a freight train and a passenger train near Voorschoten. Read more about this accident and the latest developments here. There was at least one death and 19 people were seriously injured. First of all, we would like to express our sympathy to all those involved. However, it also immediately raises the question, where can the relatives and victims apply for compensation for their losses? In this article, we explain what the options are for personal injury compensation in a train accident.

Liability in train accident: what are the rules?

A train is a special road user, and in a train accident there are several situations where different liability rules apply. For example, personal injury may have occurred during a train collision, whether by a motor vehicle or not, or passengers using public transportation may suffer personal injury. But who is liable for personal injury in these situations? In this part of the article, we explain the rules governing liability in a train accident.

Personal injury in collision with train

In a collision with a train, it is logical that the train driver is little at fault. In this situation, article 185 WvW applies. This is because the legislator regards a train as a non-motorized vehicle. As a result, the driver of the motor vehicle is always liable for at least 50% of the damage. However, this does not apply in a traffic accident between a train and another non-motorized vehicle, such as a bicycle. In that case, it is difficult to prove that the driver of the train is at fault.

Personal injury as a passenger on public transportation

If you suffer personal injury as a passenger while using public transportation, the carrier is liable for the damages based on the transportation contract (strict liability). In this situation, it is important to take quick action and gather evidence, such as photos of the accident and a printout of the public transport chip card. A personal injury lawyer can help you recover the personal injury you suffered as a result of a train accident.

Maximum compensation in train accident

The carrier’s liability in a train accident is limited by law to a maximum compensation of SDR 200,000 (about €247,450). There is also a legal limit of €1,500 for damage to luggage. So it is important to take action quickly and hire a personal injury lawyer to claim the compensation to which you are entitled. A lawyer can help you hold the carrier liable and calculate the amount of compensation.

Evidence in a train accident

In a train accident, it is important to gather evidence, such as photos of the accident and witness statements, as soon as possible. This can come in handy later when claiming compensation. It is also important to seek medical attention as soon as possible and document this well. This can later prove that the personal injury was the result of the train accident and allow compensation to be claimed.

Help with personal injury after a train accident

If you have suffered personal injury as a result of a train accident, it can be difficult to claim the compensation to which you are entitled. A personal injury lawyer can help you with this. An attorney can assist you in holding the carrier liable and calculating the amount of compensation. This way, you get the legal help you need to recover your personal injury damages.

Conclusion

A train accident can result in serious personal injury. Whether you were involved in a train collision or suffered personal injury as a passenger, it is important to take action quickly. Hiring a personal injury lawyer can help you claim the compensation to which you are entitled. Our experienced personal injury lawyers can assist you in assessing liability and calculating the amount of compensation. Have you been injured in an accident? If so, contact us soon for a no-obligation consultation. Find out how we can help you get the compensation you deserve for your pain and suffering. Contact us at wouter@muntenletselschade.nl or at 06-21152677.